Walk into any market in India and look at the products around you. On some brand names and logos you will see a small ™ in the corner. On others, a ®. Many business owners use one or the other without knowing what either actually means — or which one they are legally entitled to use.
This is not a trivial question. Using ® when your trademark is not registered is a punishable offence under Indian law. Using ™ when you are already registered is not illegal, but it undersells the protection you have and weakens your brand’s signal in the market.
This guide explains exactly what each symbol means, when you can and cannot use them under the Trade Marks Act, 1999, what the legal consequences of misuse are, and the practical answer to every common question founders and small business owners have about these two marks.
The Short Answer
| Symbol | Name | When you can use it |
|---|---|---|
| ™ | Trademark symbol | Any time — no registration required |
| ® | Registered trademark symbol | Only after your trademark registration certificate is issued |
That is the fundamental rule. Everything else in this guide is context, explanation, and legal detail around those two lines.
The ™ Symbol — What It Means and When to Use It
What ™ Stands For
™ stands for “trademark.” Placing it next to your brand name, logo, or slogan is a public declaration that you are asserting trademark rights in that mark — that you consider it your intellectual property and intend to protect it.
What Indian Law Says About ™
The Trade Marks Act, 1999 is entirely silent on the ™ symbol. It does not define it, does not require its use, and attaches no statutory consequence to using it or not using it. ™ is a matter of commercial practice and common law positioning — not a statutory obligation or a registered right.
This means:
- There is no law requiring you to use ™
- There is no law preventing you from using ™ on an unregistered mark
- Using ™ does not create any registered trademark rights
- You cannot be penalised for using ™ on a brand you genuinely use in trade
When You Can Use ™
You can use ™ in any of these situations:
Before filing a trademark application — the moment you adopt a brand name or logo for commercial use, you may place ™ next to it. This signals to the market that you are asserting ownership.
After filing but before registration — once you have filed Form TM-A and received an application number, you are in the prosecution stage. Your trademark is not yet registered. ™ is the correct symbol to use throughout this period — which can last 18–24 months or longer.
On a mark you have decided not to register — you may choose to rely on common law passing off rights rather than statutory registration. ™ is appropriate here.
After registration, if you prefer — using ™ after registration is not illegal, though it is commercially suboptimal. If you have a registration certificate, using ® sends a stronger legal and commercial signal.
What ™ Actually Gives You — and What It Does Not
What ™ gives you:
- Public notice that you are asserting trademark rights
- A signal to competitors that the mark is claimed
- A dated record of when you began using and asserting the mark — useful in disputes over prior use
- Moral weight in a passing off action (establishing that you treated the mark as your brand)
What ™ does not give you:
- Statutory trademark rights under the Trade Marks Act, 1999
- The right to sue for trademark infringement
- Exclusive rights in the mark
- Any formal legal protection beyond what common law passing off provides
If someone copies your ™-marked brand, your remedy is a passing off action — not a trademark infringement suit. Passing off requires you to independently prove three things: that your mark has acquired goodwill and reputation in the relevant market, that the third party’s use is a misrepresentation likely to deceive consumers, and that you have suffered or are likely to suffer damage. It is slower, more expensive, and harder to win than an infringement suit, which you can only bring once the ® symbol is legitimately yours.
The ® Symbol — What It Means, When You Can Use It, and the Law Behind It
What ® Stands For
® stands for “Registered.” It means the trademark has been officially registered with the Trade Marks Registry of India under the Trade Marks Act, 1999, and the owner holds statutory exclusive rights to use that mark for the goods and services covered in the registration.
When You Can Use ®
One rule. No exceptions.
You may only use ® after you have received your Registration Certificate from the Trade Marks Registry — the official document issued by the Controller General of Patents, Designs and Trade Marks (CGPDTM) confirming that the trademark has been registered and entered in the Register of Trade Marks.
You may not use ® at any of these stages:
- After filing Form TM-A — application filed, not registered
- After receiving an examination report — pending objection response
- After the examiner has accepted the mark — accepted but not yet registered
- After advertisement in the Trade Marks Journal — in the opposition window, not yet registered
- While any opposition proceeding is pending — status is disputed, not confirmed registered
Registration is a specific legal event — the issuance of the certificate. Everything before that is the process of seeking registration, not registration itself.
The Legal Penalty for Misusing ® — Section 107
This is the most important thing to understand about ®, and the part that most guides do not explain clearly.
Section 107 of the Trade Marks Act, 1999 provides that if any person makes a representation:
- that a trade mark is registered when it is not; or
- that a part of a trade mark is registered as a trade mark, when that part is not separately registered
…they shall be liable to a penalty. The penalty under Section 107 is a fine which may extend to ₹2 lakh (two lakh rupees).
Placing ® next to a brand that has not been formally registered is not just a mistake — it is a misrepresentation with a statutory monetary penalty attached.
Beyond the direct penalty, using ® falsely can:
- Undermine your trademark application if discovered — it evidences bad faith
- Be cited against you in opposition proceedings
- Expose you to civil liability for misrepresentation to consumers and competitors
What ® Actually Gives You
Once you legitimately carry ®, your legal position changes substantially:
The right to sue for infringement — under Section 29 of the Trade Marks Act, you can bring an infringement action against anyone using an identical or deceptively similar mark for the same or similar goods and services. You do not need to prove goodwill or market reputation — the registration itself is proof of your right.
Nationwide exclusive rights — a registered trademark gives you protection across all of India in the class registered, regardless of where you actually conduct your business.
Statutory presumption of validity — your registration is presumed valid unless challenged and overturned. The burden of challenging your rights falls on the other party.
Stronger remedies — in an infringement suit, courts can grant injunctions, order accounts of profits, award damages, and in cases of counterfeiting, impose criminal penalties. These remedies are significantly stronger than what passing off provides.
Licence and assignment value — a registered trademark is a legally defined asset that can be licensed, assigned, pledged, or used as collateral. ™-stage brands have these possibilities too, but the commercial and legal clarity of registration makes them far more straightforward.
What About the ℠ Symbol?
In the United States, there is a third symbol — ℠ (service mark) — used specifically for marks that identify services rather than goods, before registration.
In India, the Trade Marks Act, 1999 makes no distinction between goods marks and service marks in terms of symbolism. Both goods marks and service marks use ™ before registration and ® after registration in Indian practice. The ℠ symbol has no formal status or legal meaning under Indian trademark law, though you will occasionally see it used by Indian companies mirroring US practice.
Unless you are specifically addressing a US audience or working with US trademark matters, there is no reason to use ℠ in an Indian context.
The Timeline: Which Symbol to Use at Each Stage
| Stage | Symbol to Use | Reason |
|---|---|---|
| Brand adopted, no application filed | ™ | Mark is in commercial use but unregistered |
| Form TM-A filed, acknowledgement received | ™ | Application pending, not registered |
| Examination report received / replied to | ™ | Still pending, no registration yet |
| Mark accepted by examiner | ™ | Accepted but not registered — do not switch to ® |
| Mark advertised in Trade Marks Journal | ™ | In the opposition window, still not registered |
| Opposition filed against your mark | ™ | Under dispute, registration not confirmed |
| Registration Certificate issued | ® | Registration is complete — switch to ® |
| After renewal | ® | Still registered — continue using ® |
The switch from ™ to ® happens at exactly one moment: when the Registration Certificate arrives. Not before.
Common Mistakes — and What Actually Happens
Mistake 1: Using ® while the application is “accepted”
“Accepted” means the examiner has cleared the mark and it has been advertised. It does not mean registered. Brands that switch to ® at the acceptance stage are in violation of Section 107. The mark is still weeks or months away from registration.
Mistake 2: Using ® because a trademark agent said “it’s basically done”
Until the certificate is issued, it is not done. Many application statuses that look final — “Advertised,” “Accepted and Advertised,” “Objection Disposed” — are steps toward registration, not registration itself.
Mistake 3: Continuing to use ™ after registration
Not illegal, but commercially suboptimal. If you have paid for registration and waited 18–24 months to get the certificate, use ®. It signals your legal position more clearly to consumers, competitors, and potential infringers.
Mistake 4: Assuming ™ provides real legal protection
™ signals an assertion of rights. It does not create them. If a competitor copies your ™-marked brand and you have no registration, you must prove passing off from scratch — goodwill, misrepresentation, damage. This is hard and expensive. ® holders skip all of that and go directly to infringement proceedings.
Mistake 5: Using ® on export packaging when not registered outside India
A trademark registered in India gives you ® rights in India only. If you export products to a country where you are not registered, using ® on that packaging may violate the trademark laws of that country. Many Indian exporters create separate labelling for international markets or use ™ on export packaging until international registrations are in place.
Where to Place the Symbol
There is no statutory rule in India about exact placement of ™ or ®. Standard commercial practice is:
- Superscript after the mark — BRAND™ or BRAND® — the most common format
- On the dominant element — if your brand name is combined with a tagline, place the symbol on the mark being registered, not on every element of the design
- First and most prominent use — in longer documents (brochures, websites), using the symbol consistently with every mention is good practice; at minimum, use it on the first and most prominent appearance
The symbol does not need to appear in a specific colour, and there is no minimum size requirement. It simply needs to be visible and associated with the specific mark.
Frequently Asked Questions
Q: What is the difference between TM and R symbol in India?
A: ™ (TM) means you are asserting rights in an unregistered trademark — any business can use it, at any stage, without a registration. ® (R in a circle) means the trademark is officially registered under the Trade Marks Act, 1999 — it can only be used after the Registration Certificate is issued by the Trade Marks Registry. Using ® without a registered trademark is a misrepresentation punishable under Section 107 of the Trade Marks Act with a fine of up to ₹2 lakh.
Q: Can I use the ® symbol while my trademark application is pending?
A: No. A pending application is not a registered trademark. ™ is the correct symbol throughout the entire prosecution period — from filing Form TM-A until the Registration Certificate is issued. Using ® during this period is a violation of Section 107 of the Trade Marks Act, 1999.
Q: Can I use the TM symbol without filing a trademark application?
A: Yes. The ™ symbol can be used by anyone asserting that a mark is their trademark — no application, no registration, and no formal process is required. It signals commercial ownership and supports common law passing off rights, but does not confer statutory trademark protection.
Q: What happens if I use ® without a registered trademark in India?
A: Under Section 107 of the Trade Marks Act, 1999, making a false representation that a trademark is registered is punishable with a fine that may extend to ₹2 lakh. Beyond the direct penalty, it can also be cited as evidence of bad faith in trademark proceedings and may expose you to civil liability for misrepresentation.
Q: Is ℠ (service mark) used in India?
A: No. The ℠ symbol has no formal status under Indian trademark law. The Trade Marks Act, 1999 covers both goods marks and service marks under the same framework. In India, both use ™ before registration and ® after registration — the ℠ symbol is a US-specific convention with no legal relevance in Indian practice.
Q: Can I use ® on goods I export from India to other countries?
A: Only in countries where your trademark is independently registered. A trademark registered in India gives ® rights in India only. For products exported to other countries where you do not hold a registration, using ® may violate those countries’ trademark laws. Many exporters use ™ on international-facing packaging until they have registrations in the target markets.
Q: Do I have to use either symbol at all?
A: No. Indian law does not require you to use ™ or ® at any point. However, using ™ on an unregistered mark and ® on a registered mark serves real commercial and legal purposes — it puts the market on notice, deters infringers, and in the case of ®, provides evidence that infringers had notice of your registration, which strengthens your remedies.
The Rule That Matters Most
Use ™ freely — before filing, during prosecution, even after registration if you prefer.
Use ® only after your Registration Certificate is in hand. Not when the application is filed. Not when it is accepted. Not when it is advertised. When the certificate is issued.
Every day your trademark application is pending without a registration certificate, ™ is the right symbol. The moment the certificate arrives, switch to ®.
Want to get to ® faster? The first step is filing — and the first step before filing is checking that the name is available:
Free Trademark Search → ipindia.gov.in/search-existing-trademarks
Ready to file your trademark and start the clock toward ®?
Register Your Trademark → tmzon.com/trademark-registration
This article is written for general informational purposes and does not constitute legal advice. For advice specific to your trademark, please consult a qualified trademark attorney.
Written by Arya Sharma, Advocate, Bombay High Court | Trademark Attorney
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